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Criminal Protective Orders
[Esta página está en español; Trang này bằng tiếng Việt]
This
section tells you about:
What is a protective order?
A protective order is an order a judge makes to protect a
witness or victim of a
crime.
How do I get a protective order?
To get a protective order, you must show the court the
defendant has:
What can the court do to protect me?
The court can order law enforcement within its
jurisdiction to protect you and your immediate family members who live
with you.
Sometimes the Court will protect family members who live reasonably close to
your home.
Does law enforcement have to protect me?
Yes. Law enforcement must follow the Court’s
order to protect you, but only for a limited amount of time.
 When will the judge make a decision on the protective
order?
When the defendant appears in court for the first time, a decision will be
made about the protective order. If you want to request a protective order,
you should contact the
District
Attorney's Office and speak to the victim advocate or come to court.
If the victim is not present, the judge will read the papers in the file and decide if there is a good
reason to make a protective order for you.
How will the defendant know there is a protective
order?
The defendant will be served
a copy of this protective order. The order will say exactly what things s/he
cannot do.
How do I get a copy of the protective order?
If you are in court, the deputy will give you a copy of the protective order.
If you are not in court when the judge makes the order, get a copy from the
District Attorney’s office.
How long does it take for law
enforcement to find out about the protective order?
The Court tells the Sheriff’s Department within 1 business day after the
judge makes the order.
What do I do if the defendant doesn’t follow the order?
If the defendant doesn’t follow the order, call the police immediately. The
restrained person can be arrested and charged with a crime.
How do I get the judge to change my
Criminal Protective Order?
The first thing you should do is to read the
informational flyer,
How to Ask the Judge to Change Your Criminal Protective Order. Then you
can ask the Criminal Court to change the Criminal Protective Order by using
the proper forms, which can be downloaded from this website. The two forms
are:
Click the form links above to open the forms. You can
then print
them and fill them out by hand, or fill out them out online and then print them.
What if I don't have a green card?
You can still get a restraining order. The people at the courthouse do not
work for the Department of Homeland Security Immigration and Customs
Enforcement. If you are
worried about deportation, talk to an immigration lawyer.
What is the difference between a
Criminal Protective Order and a Civil Restraining Order?
Criminal Protective Orders and Civil Restraining Orders
are not the same.
Click to read the information flyer CR 6000 to learn how they are different.
What if I have a Criminal Protective
Order AND a Civil Restraining Order?
There is important information you need to know if you
have both a Criminal Protective Order and Civil Restraining Order.
Click to read this information. top of page
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